Defamation in small claims court

[Julian33]

I have a defamation claim I wish to lodge for libel, if parties agree to it being lodged in the County Court instead of the High Court could I then use the small claims route.

Pre action protocol would have been completed in the normal way.

It is not a complex claim where all the evidence is contained in an email to a third party which I obtained via a Subject Access Request.

[EXC]

The operative word in the CPRs is ''started''.




Although technically you can ''start'' a claim for defamation in the County Court with the agreement of the parties, any such claim will invariably be allocated to the multi-track and transferred to the High Court where costs are huge (the hearing fee alone is £1100) and procedures are too complex to navigate without legal representation.

What's the case about?

[Julian33]

Thanks for the response. I think I could cover the same issues with a harassment claim which I could run in the County Court.

In a nutshell I made a complaint regarding the police failing to record and investigate crimes.

The officer took umbrage and made false and malicious comments in an email to an employee in the PCCs office in an attempt to avoid being investigated whilst discrediting me.

It also affected my security business and reputation.

[EXC]

I'm not sure that an email to an employee in the PCCs office would constitute harassment. I'm not tying to put you off but playing devil's advocate.

I'll ask islandgirl des8 what they think.

[islandgirl]

Harassment needs at least 2 occasions so I do not believe it would run - certainly would not in criminal court. I also do not understand how one email to one person had such an impact? Have you gone down the formal complaint route?

[des8]

One single email (especially intended only for a third party) would not amount to "a course of conduct" amounting to harassment,
There needs to be at least two incidents.

I also think you might find that comments made in the course of an investigation by the PCC are privileged (at least to a certain extent), as are complaints made to the police.